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(영문) 수원지방법원 2020.05.28 2019가합26390
유류분 반환
Text

1. Defendant H’s KRW 88,735,887 as well as 5% per annum from September 25, 2019 to May 28, 2020.

Reasons

1. Basic facts

A. The deceased I (hereinafter “the deceased”) died on January 10, 2019. At the time of the death, the deceased’s heir had the Plaintiff, J (K before the name of the deceased, hereinafter “J”), Defendant G, and H, who were the deceased’s children.

B. Defendant F, as the mother of J, Defendant G, and H on February 9, 197, married with the Deceased on February 9, 197, but was married on June 15, 201, before the Deceased’s death.

C. There was no positive inherited property and inheritance liability at the time of the deceased’s death.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 2, Eul evidence 7, the purport of the whole pleadings

2. Inasmuch as the Plaintiff’s assertion was infringed upon the Plaintiff’s legal reserve of inheritance by making a birth of each real estate listed in [Attachment 1] and (2), and each movable property and cash listed in [Attachment 1] 3 and (4) as indicated in [Attachment 2] List to the Defendants and J (hereinafter “the Plaintiff’s Claim List”), the Defendants should return the Plaintiff’s legal reserve of inheritance shortage, as indicated in the Plaintiff’s Claim List.

3. Determination

A. The Plaintiff’s right to claim the return of legal reserve of inheritance is the deceased’s heir. In a case where the donation made by the deceased to another co-inheritors, Defendant G, H, and Defendant F, who are co-inheritors, falls short of their legal reserve of inheritance, the Plaintiff may claim the return of the property from other co-inheritors and donee to the extent of the shortage.

B. Shortage in the method of calculating shortage in the legal reserve = [A] 】 Special benefit amount from the person holding the right to the legal reserve of inheritance (C) - The net benefit amount (D) from the person holding the right to the legal reserve of inheritance - The amount of inheritance (including testamentary gift) - The amount of inheritance debts B = 1/23/10 of the amount of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance of d = the amount of the property acquired by the inheritance of the person holding the right to the legal reserve of inheritance of the person holding the right to the legal reserve of inheritance - the amount

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